People suspected of serious crimes can now be held in custody for up to four days before being charged with a crime after both sides of the House voted to double the maximum period of pre-trial arrest for serious crimes.

As it stands, police can hold someone suspected of a crime under arrest for up to 48 hours before charging criminally. 

But following Tuesday's vote, anyone suspected of a serious crime with a penalty of over 12 years in prison can be held for a further 48 hours following an order by a magistrate. 

That change will come into effect after the President signs off on the law.

The government initially suggested allowing the police to hold a person suspected of a serious crime for an additional 84 hours, but PN MPs Carm Mifsud Bonnici and Mario de Marco expressed concern about tripling the maximum period of pre-trial arrest.

Support from the Government and the Opposition was needed to vote this law through as it will involve amending the constitution, which requires two-thirds of the House's support. 

In a statement, Justice Minister Jonathan Attard said the change will provide more effective tools for police

"The applicability of this law should be the exception and not the rule. This is a law that also reflects steps taken in other countries to respond to complex crimes that have developed over the years," he said.

“We want to continue working for a society where everyone, without any distinction, is accountable for their actions but we also want to ensure that the laws respect the fundamental rights and the need for an objective justification for the measures that are taken. These are two important pieces of legislation in the work being carried out for a more efficient and effective justice and the fight against crime.”

Freezing law passed through

The House also amended legislation in relation to proceeds of crime on Tuesday limiting the amount of assets frozen and eventually confiscated on the amount suspected to have been acquired through an illicit activity.

Currently, someone accused of a financial crime can have most of their property seized by the court. 

The new law aims to proportionalize the assets frozen by the court with the crime someone is being investigated or accused of. 

The law relates to financial crime, and legislation on freezing orders related to drug trafficking will not change. 

The PN voted against these amendments. Earlier this month, the party said the limit on freezing orders should not apply to those accused of corruption.

In comments to Times of Malta, Shadow Justice Minister Karol Aquilina said that the PN had tried to amend the law to not include people accused of corruption three times, but the government refused each time. 

The new laws will be advantageous for people accused of serious crimes as the onus of proof that assets were acquired through crime will now be on the prosecution, he said. 

“That is especially hard to do when there is money laundering,” Aquilina said. 

He claimed that the law was fast-tracked with the intention to protect people close to the government who are or will be accused of financial crime.

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